Failure to Diagnose Lawsuit

What Is Failure to Diagnose?

Failure to diagnose happens when a doctor or other health care provider fails to correctly identify a patient’s medical condition.

This type of medical error can take several forms:

• Delayed diagnosis: The correct diagnosis is made, but only after a harmful delay.
• Misdiagnosis: The doctor diagnoses the patient with the wrong condition.
• No diagnosis: The condition is missed entirely, and no diagnosis is made.

These diagnostic errors can lead to serious medical problems, like disease progression, unnecessary or harmful treatments, long-term disability, or even wrongful death.

LawFirm.com works with personal injury lawyers who have secured over $10 billion for those harmed through no fault of their own. Our legal partners never charge any upfront costs and can help families in all 50 states.

Get a free case review now to see if they may be able to file a failure to diagnose lawsuit
on your behalf and fight for the compensation and justice you deserve.

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Misdiagnosis Lawsuit Settlements & Verdicts

Patients across the country have received significant compensation after experiencing harm due to a delayed or incorrect diagnosis.

Failure to diagnose settlements and verdicts secured by our legal partners include:

• $3.9 million for a Massachusetts patient whose herniated disc wasn’t diagnosed in a timely manner
• $3.25 million to a patient in New Hampshire whose lung cancer diagnosis was delayed
• $3.1 million for a Rhode Island woman misdiagnosed by her medical team
• $2.9 million to a patient whose cancer worsened due to a diagnostic error
• $2.43 million in a Massachusetts medical malpractice case involving failure to diagnose
• $2.25 million for a patient harmed by an incorrect diagnosis
• $1.75 million to a New Hampshire woman whose ovarian cancer went undetected
• $1.5 million for a Massachusetts patient with a delayed ovarian cancer diagnosis
• $1.25 million to a patient whose lung cancer was misdiagnosed until it became inoperable
• $3.5 million for a Rhode Island patient who was given the wrong diagnosis

Failure to diagnose lawsuit settlement amounts vary depending on the severity of the harm, the type of medical condition involved, and the long-term impact on the patient’s life.

A medical misdiagnosis lawyer will work to recover as much compensation as quickly as possible, providing the financial relief you deserve.

Can You Sue a Doctor for Failure to Diagnose?

If a missed or incorrect diagnosis caused harm, you may be able to sue a doctor for failure to diagnose medical malpractice.

For a valid failure to diagnose lawsuit, you must prove two key elements:

1. The doctor failed to meet the medical standard of care, meaning they didn’t act as a reasonably competent provider would in a similar situation.
2. That failure caused harm, such as delayed treatment or worsening of the condition.

If both elements are met, you may be entitled to compensation for medical bills, lost income, pain and suffering, and other related damages.

When a Misdiagnosis May Be Malpractice

Not every diagnostic mistake qualifies as medical malpractice. However, you may have a case if a health care provider:

• Dismissed your concerns without proper evaluation
• Diagnosed the wrong condition and provided incorrect treatment
• Failed to order necessary tests based on your symptoms
• Misread or ignored lab or imaging results
• Took too long to identify a serious illness like cancer, stroke, or heart attack

These types of errors can lead to serious complications, especially when early intervention is critical to a patient’s recovery.

Eligibility for Misdiagnosis Lawsuit Cases

You may be eligible to file a misdiagnosis lawsuit if you:

• Were harmed because a doctor failed to diagnose your condition or diagnosed it too late
• Are the family member of someone who passed away due to a diagnostic error

Every state has a statute of limitations, which is the legal deadline to file a medical malpractice lawsuit. In many states, this ranges from 1 to 3 years from the date of injury or when the misdiagnosis was discovered.

Because missing this deadline could bar you from taking legal action, it’s important to speak with a failure to diagnose lawsuit lawyer as soon as possible.

Steps to File a Misdiagnosis Lawsuit

An experienced misdiagnosis lawsuit lawyer can guide you through the legal process and work to hold any at-fault parties accountable. With a legal professional by your side, you can focus on getting the care you need.

Here’s how our partner misdiagnosis lawyers can help:

1. Provide a free case review to determine if you may have a valid failure to diagnose lawsuit
2. Collect evidence, like medical records, lab results, and doctor’s notes to figure out what happened
3. File your wrong diagnosis lawsuit in the correct court before any legal deadlines
4. Negotiate a failure to diagnose settlement with the parties named in your lawsuit or fight for you in court, if necessary

Most misdiagnosis lawsuits resolve through settlements, providing quicker access to compensation with less hassle. Regardless of the path your lawsuit takes, your attorney will fight for as much money as possible.

Proving a Failure to Diagnose Lawsuit

To prove a failure to diagnose lawsuit, you must show that a medical provider’s actions, or lack of action, caused harm. These cases can be complex, which is why it’s important to work with an experienced medical misdiagnosis attorney.

To prove a failure to diagnose lawsuit, your legal team must show:

• A doctor-patient relationship existed, meaning the health care provider had a duty to treat you and was responsible for your care
• The doctor failed to meet the medical standard of care by failing to act as a reasonably competent provider would have under similar circumstances by failing to order tests, ignoring symptoms, or misreading results
• The failure caused your condition to worsen, become harder to treat, or led to additional health problems
• You suffered damages like medical expenses, lost income, physical pain, or the loss of a loved one

Medical experts often play a critical role in proving what the doctor should have done and how their mistake led to harm. A skilled delayed diagnosis lawyer can build a strong case using medical records, expert testimony, and more.

How Long Do You Have to Sue for Misdiagnosis?

Each state sets a legal deadline known as the statute of limitations for filing medical malpractice claims. In misdiagnosis lawsuits, this time limit typically ranges from 1 to 3 years, depending on where you live.

However, several factors can affect when the clock starts:

• Date of misdiagnosis: Some states count from the date the medical error occurred.
• Date of discovery: Others allow more time if the patient didn’t immediately know they were misdiagnosed.
• Wrongful death claims: If a loved one died due to a misdiagnosis, the time limit may be different.

Missing the deadline means you could lose your right to file a failure to diagnose lawsuit, even if the medical negligence involved is clear-cut.

Health Conditions Involved in Failure to Diagnose Lawsuits

Some medical conditions need to be diagnosed quickly to avoid serious harm. When a doctor overlooks symptoms or delays testing, a patient’s health can get worse, and the mistake may be considered medical malpractice.

Failure to diagnose lawsuits often involve conditions that are harder to treat or even fatal if not caught early, like cancer, infections, or heart attacks. If a missed diagnosis caused you or a loved one harm, you may have legal options.

Aneurysms

An aneurysm is a bulging, weakened spot in a blood vessel. While they can form anywhere in the body, aneurysms most commonly occur in the brain or abdominal aorta, which is the body’s largest blood vessel.

Failing to diagnose an aneurysm in time can lead to permanent brain damage or even death, especially if it ruptures.

Symptoms of aneurysms include:

• Double or blurred vision
• Drooping eyelids
• Light sensitivity
• Loss of consciousness
• Seizures
• Stiff neck
• Nausea
• Vomiting

Nearly 70% of aneurysm-related malpractice cases involved a missed or delayed diagnosis, often due to failure to order or properly interpret brain scans, according to the National Library of Medicine. One case resulted in a $43 million verdict.

Blood Clots

Blood clots are gel-like or semi-solid clumps that form in the veins and arteries. While they help stop bleeding after an injury, clots can also develop due to medical conditions and become life-threatening if not diagnosed and treated quickly.

When doctors miss the signs of a dangerous clot, the consequences can be severe. Undiagnosed blood clots can lead to heart attacks, strokes, pulmonary embolisms, or even death.

Common symptoms of blood clots include:

• Changes in skin color
• Chest pain
• Difficulty breathing
• Leg pain
• Swollen legs

In one failure to diagnose lawsuit, an Illinois jury awarded $32.7 million to a 25-year-old man who lost his foot after doctors failed to diagnose a blood clot in time.

Cancer

Many types of cancer can be treated successfully if diagnosed early. But when a doctor misses the signs or delays testing, the cancer can spread, leading to more invasive treatments and even death.

Almost half of all outpatient medical malpractice claims involve missed cancer diagnoses, according to the National Library of Medicine.

Cancers commonly involved in failure to diagnose lawsuits include:

• Breast cancer
• Colorectal cancer
• Lung cancer
• Prostate cancer

In one case, a woman was awarded $14.3 million after her breast cancer went undiagnosed during a mammogram. The delay allowed the cancer to spread, requiring years of treatment and reducing her life expectancy.

Heart Attacks & Other Cardiac Conditions

A heart attack occurs when blood flow to the heart is blocked. Other serious cardiac conditions like heart failure or cardiomyopathy (a disease of the heart muscle) can also cause life-threatening complications if not diagnosed and treated right away.

Symptoms of a heart attack and other cardiac conditions include:

• Back pain
• Chest discomfort or pain
• Feeling faint, light-headed, or weak
• Jaw or neck discomfort
• Pain in both shoulders or arms
• Shortness of breath

If doctors fail to recognize these symptoms and act quickly, the results can be fatal. In many cases, early intervention, like ordering an EKG or blood tests, or starting treatment, can prevent serious complications and save a patient’s life.

Infections

Infections caused by bacteria or viruses can become fatal if not diagnosed in time. One of the most serious risks is sepsis, a dangerous immune response that can lead to organ failure and death.

Early signs of sepsis include rapid breathing, high heart rate, chills, and weakness. If left untreated, sepsis can progress to septic shock, where blood pressure drops and vital organs begin to shut down.

Other infections commonly involved in failure to diagnose lawsuits include meningitis, pneumonia, and appendicitis.

Pulmonary Embolism

A pulmonary embolism (PE) is a sudden blockage in the arteries that carry blood to the lungs. Most often, it’s caused by a blood clot that forms in the leg (deep vein thrombosis) and travels to the lungs.

If not diagnosed quickly, a pulmonary embolism can cause serious complications like irregular heart rhythms, fluid buildup in the lungs (pleural effusion), pulmonary hypertension, or lung tissue death (pulmonary infarction).

Common symptoms include:

• Dizziness
• Coughing
• Leg swelling or pain
• Shortness of breath
• Sudden and sharp chest pain

In one case, a jury awarded $9 million to the family of a 20-year-old woman who died from an undiagnosed pulmonary embolism, despite a known clotting risk and worsening symptoms.

Stroke

A stroke happens when a blood vessel in the brain bursts or becomes blocked, cutting off blood flow. If not diagnosed and treated within minutes, a stroke can cause permanent brain damage, disability, or death.

Stroke symptoms often appear suddenly and include:

• Confusion or difficulty understanding speech
• Dizziness, lack of coordination, or trouble walking
• Severe headache
• Vision problems
• Weakness or numbness in the arm, face, or leg, especially on one side

Despite the urgency, strokes are often missed in emergency settings. About 22% of strokes were initially misdiagnosed, and many patients arrived in time for life-saving treatment but didn’t receive it, according to a study in the journal Stroke.

Take the first step toward justice by getting a free case review to see if you may qualify for a failure to diagnose lawsuit.

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Take the first step toward compensation and justice for medical malpractice.

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Other Commonly Misdiagnosed Health Conditions

Several other serious conditions are frequently misdiagnosed, leading to delayed treatment and long-term harm. These include:

• Appendicitis: Often mistaken for stomach or gastrointestinal issues. A missed diagnosis can lead to a ruptured appendix, serious complications, or death.
• Birth injuries: Failing to diagnose a birth injury can delay treatment, allowing the condition to worsen.
• Celiac disease: This immune reaction to gluten is commonly misdiagnosed as IBS, chronic fatigue, or migraines.
• Hypothyroidism: When the thyroid doesn’t produce enough hormones, it can lead to weight gain, depression, heart issues, and infertility if untreated.
• Lyme disease: This tick-borne infection is often confused with fibromyalgia, flu, or depression. If not treated early, it can spread to the joints, heart, and nervous system.
• Mesothelioma: About 14% of all mesothelioma cases in the U.S. are misdiagnosed, the American Cancer Society Journals reports. The number jumps to 25% in cases of pleural mesothelioma.
• Multiple sclerosis (MS): MS can mimic migraines, neuropathy, or general nerve damage, making it difficult to diagnose in the early stages.

If a missed or delayed diagnosis caused serious harm, you may be eligible to file a failure to diagnose lawsuit. These claims can help you recover compensation for medical costs, lost wages, and other damages.

An experienced delayed diagnosis lawyer can review your case, explain your legal options, and fight for maximum compensation.

How a Misdiagnosis Lawyer Can Help

After a medical mistake, it’s normal to feel overwhelmed, confused, or unsure of what to do next. Failure to diagnose attorneys are trusted advocates and can listen, provide emotional support, and fight hard for everything you deserve.

A failure to diagnose lawyer can:

• Communicate with doctors, hospitals, and insurance companies on your behalf
• Handle all the legal work, so you don’t have to navigate the system alone
• Provide compassionate support and explain your legal options in plain language
• Pursue financial compensation to help with medical bills, lost wages, and long-term care

You don’t have to go through this alone — help is available. A misdiagnosis lawsuit lawyer can stand by your side, answer your questions, and take on the legal burden so you can focus on your health and recovery.

Get Help From a Misdiagnosis Attorney

A doctor’s failure to provide a timely or accurate diagnosis can lead to serious complications, financial strain, or even the loss of a loved one. When medical providers make careless mistakes, they should be held accountable.

If you or someone you love was harmed by a missed or delayed diagnosis, LawFirm.com is here to help.

The medical malpractice lawyers in our network:

• Can help families in all 50 states
• Don’t charge any upfront costs or hourly fees
• Handle all the legal work, so you can focus on your health

The personal injury lawyers we work with have recovered over $10 billion for victims of injustice nationwide.

Call (888) 726-9160 right now or fill out our form to take the first step toward justice and compensation.